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Friday, January 11, 2008

ECHR thrown into the campaign ring

POLITICIANS yesterday continued to use the implications of a pending European Court of Human Rights (ECHR) decision on a land swap between a Greek Cypriot and a Turkish Cypriot to take swipes at each other in the run-up to next month’s presidential elections.

AKEL spokesman Andros Kyprianou said the island was at risk of having the ECHR recognise the land swap between Mike Tymvios, a Greek Cypriot refugee with extensive property in the north, and a Turkish Cypriot with land in the free areas.

The deal was made through the controversial property commission in the north and if approved by the ECHR would result in thousands of Greek Cypriots refugees being told to apply to it for a solution to their property issues, Kyprianou said.

“It is absolutely clear that we are also at risk of the final collapse of the Guardian of the Turkish Cypriot Property, with catastrophic consequences,” he said.

In a clear dig at the government and its handling of the issue, the AKEL deputy said the left-wing party had long been warning that with every new decision the ECHR was moving one step closer to recognising the property commission in the north.

What could not be overlooked, he added, was that the Cyprus problem was a political one and as such the property issue could only be dealt with as part of a solution to the Cyprus problem.But DIKO deputy leader George Kolokasides ruled out the possibility that the ECHR would recognise the property commission, “at least at this stage”.

He said the fact that 36 Greek Cypriots’ cases against Turkey had been accepted by the ECHR was a clear indication that the commission had not been accepted as an adequate domestic remedy to property issues.

“This is a huge issue and I think there are also personal responsibilities. There are national obligations which we all share as responsible people in the Cyprus Republic.They are not all responsibilities at government level. The government cannot start compensating everyone who knocks on its door to avoid appeals being made to the ECHR. What the government does is to fight for its corner at the ECHR but not to start sharing out money so as to avoid the possibility of a decision being made,” he said.

Tymvios wrote to the government asking for financial aid prior to resorting to the property commission in the north. The refugee was frustrated at being unable to secure a loan to pay off family debts using €42.72 million worth of land in the occupied areas as collateral.Kolokasides’ comments come in the wake of criticism that the government could have expropriated Tyvmios’ land in the north and then compensated him, in which case there would never have been a land swap.

Nevertheless, Kyprianou said the government was making much of the 36 cases when “unfortunately it is a clear attempt from the government camp to give a triumphant slant to what is a positive development, but which is not a new one”.

He added: “The ECHR accepted the appeals a while ago. It is not a new development. What has happened now is the Court has demanded that by January 28 the lawyers submit possible ‘new developments’ that the Court should take into account. In each case, we welcome any positive developments but we call on all to set aside unnecessary and damaging pre-election bragging.”

Commenting on President Tassos Papadopoulos’ comments that the Tymvios case was a unique and specific case, AKEL Central Committee member Toumazos Tselepis said “of course this case is unique the way all cases are unique but we all understand the possible developments in relation to this case”.

Tselepis said: “[It is perfectly clear] that we risk of having the property commission accepted and the collapse of the Guardian with all the unfavourable consequences that spring from that.”

Costas Efstathiou of EDEK said the case raised a series of serious issues, particularly regarding the Guardian of Turkish Cypriot properties.

“It has to be pointed out that it is Turkey that is being called to suggest a settlement, a fact that indicates the occupied areas and the infamous so-called property commission’s full dependence on and submission to Turkey,” he said.

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